R-1 visa

R-1 Visa

R-1 visa is a nonimmigrant visa which allows foreign nationals who is coming to the United States temporarily to be employed at least part time (average of at least 20 hours per week) by a non-profit religious organization in the United States (or an organization which is affiliated with the religious denomination in the United States) to work as a minister or in a religious vocation or occupation.

To qualify for R-1 visa, the foreign national must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least 2 years immediately before the filing of the petition.

A prospective or existing U.S. employer must file Form I-129, Petition for Nonimmigrant Worker, on behalf of an R-1 worker. An R-1 visa cannot be issued at a U.S. Embassy or Consulate abroad without prior USCIS approval of Form I-129. Visa exempt workers must present the original Form I-797, Notice of Action, at a port of entry as evidence of an approved I-129 R petition.

Please remember to submit a duplicate copy of the petition and all supporting documents if the beneficiary will be applying for an R-1 visa. Failure to submit a duplicate copy to USCIS with the Form I-129 may result in a delay in the issuance of a nonimmigrant visa abroad from the U.S. Department of State.

Both the petitioning organization and the religious worker must satisfy certain requirements, which are listed in the chart below:

Proof of tax-exempt status: If the religious organization has its own individual IRS 501(c)(3) letter, provide a currently valid determination letter from the IRS showing that the organization is tax-exempt. If the religious organization is recognized as tax-exempt under a group tax exemption, provide a group ruling.

Proof of salaried or non-salaried compensation: Verifiable evidence showing how the organization will compensate the religious worker, including specific monetary or in-kind compensation.

Proof of membership: Evidence that the religious worker is a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least 2 years immediately before the filing of Form I-129.

R-1 status for an initial period of stay is up to 30 months, and subsequent extensions may be granted for up to an additional 30 months. The religious worker’s total period of stay in the United States in R-1 classification cannot exceed 5 years (60 months). USCIS counts only time spent physically in the United States in valid R-1 status toward the maximum period of stay.

Family of R-1 Visa Holders: An R-1 religious worker’s spouse and unmarried children under the age of 21 may be eligible for R-2 classification. An R-2 dependent is not authorized to accept employment based on this visa classification.

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